Notice Pursuant to The National Cooperative Research and Production Act of 1993-Electrified Vehicle and Energy Storage Evaluation, 79218-79219 [2020-26975]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 79218 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices purportedly infringe one or more of the asserted claims of the ’223 patent and U.S. Patent Nos. 8,587,404 (‘‘the ’404 patent’’) and 6,741,052 (‘‘the ’052 patent’’). Id. The Commission’s notice of investigation named Nortek as respondents. Id. The Office of Unfair Import Investigations was not named as a party to this investigation. See id. The Commission subsequently terminated the investigation with respect to certain patent claims withdrawn by CGI. See Order No. 16 (Feb. 5, 2019), unreviewed by Comm’n Notice (March 6, 2019); Order No. 27 (June 7, 2019), unreviewed by Comm’n Notice (June 27, 2019); Order No. 31 (July 30, 2019), unreviewed by Comm’n Notice (Aug. 19, 2019); Order No. 32 (Sept. 27, 2019), unreviewed by Comm’n Notice (Oct. 17, 2019). On June 5, 2019, the presiding administrative law judge (‘‘ALJ’’) issued a Markman order (Order No. 25) construing the claim terms in dispute. On December 12, 2018, CGI filed a motion for summary determination that it satisfied the economic prong of the domestic industry requirement. Nortek opposed the motion. On June 6, 2019, the ALJ issued a notice advising the parties that the motion would be granted and a formal written order would be issued later. Order No. 26 (June 6, 2019). The ALJ held an evidentiary hearing on the issues in dispute on June 10–14, 2019. On November 25, 2019, the ALJ issued Order No. 38, finding no issue of material fact that CGI’s investments in labor and capital relating to its domestic industry products were ‘‘significant’’ and that CGI has satisfied the economic prong of the domestic industry requirement pursuant to Section 337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)). Order No. 38 (Nov. 25, 2019). Order No. 38 also finds that genuine issues of material fact precluded entry of summary determination with respect to CGI’s investments in plant and equipment, under Section 337(a)(3)(A) (19 U.S.C. 1337(a)(3)(A)). Id. On the same date, the ALJ issued the final Initial Determination on Violation of Section 337 (‘‘Final ID’’) and Recommended Determination on Remedy and Bond (‘‘RD’’), finding no violation of Section 337 because the asserted claims of the ’223 and ’404 patents, if valid, are not infringed and the asserted claim of the ’052 patent is invalid, even if infringed. The RD sets forth the ALJ’s recommendations on remedy and bond. On February 19, 2020, the Commission issued a notice of its determination to review Order No. 38 VerDate Sep<11>2014 16:16 Dec 08, 2020 Jkt 253001 and to partially review the Final ID with respect to certain issues relating to each of the three asserted patents. 85 FR 10723–26 (Feb. 25, 2020). The Commission directed the parties to brief questions on violation and requested briefing from the parties, the public, and any interested government entities on remedy, the public interest, and bonding. Id. at 10725. The parties submitted initial responses and replies in response to the notice. The Commission did not receive any comments from third parties in response to its notice. On April 22, 2020, the Commission issued a determination finding no violation with respect to the ’404 and ’052 patents. Comm’n Notice at 3 (April 22, 2020). The Commission also vacated Order No. 38 and remanded the economic prong issue to the presiding ALJ for further proceedings while the Commission continued to review issues relating to the ’223 patent. Id.; Order Vacating and Remanding Order No. 38 (April 22, 2020) (‘‘Remand Order’’). On May 15, 2020, the ALJ issued Order No. 39, seeking additional information from the parties in light of the Commission’s Remand Order. Order No. 39 (May 15, 2020). On July 10, 2020, the ALJ issued the subject Remand Initial Determination (‘‘Remand ID’’), finding that CGI has made significant investments, both quantitatively and qualitatively, in plant and equipment and labor and capital, pursuant to Section 337(a)(3)(A) and (B) (19 U.S.C. 1337(a)(3)(A), (B)), respectively. Remand ID (July 10, 2020). The Remand ID concludes that CGI has satisfied the economic prong of the domestic industry requirement in relation to the ’223 patent, pursuant to Sections 337(a)(3)(A) and (B). Id. On July 20, 2020, Nortek filed a petition for review of the Remand ID. CGI filed its opposition to Nortek’s petition for review on July 27, 2020. On September 9, 2020, the Commission determined to review the Remand ID and directed the parties to brief a number of questions with respect to the economic prong of the domestic industry requirement. 85 FR 57249–51 (Sept. 15, 2020). The Commission also allowed the parties to update their prior submissions on remedy, the public interest, and bonding, if necessary, and invited interested government entities and other interested parties to file written submissions on those issues as well. Id. at 57251. The parties filed their initial responses to the Commission’s questions on September 23, 2020. The parties filed their respective replies on September 30, 2020. The Commission PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 did not receive any comments from third parties in response to its notice. Having reviewed the Remand ID, the parties’ submissions, and the evidence of record, the Commission has determined to find that Nortek violated Section 337 with respect to the ’223 patent. In particular, the Commission finds that Nortek infringed claims 1 and 21 of the ’223 patent; CGI practiced at least claim 1 of the patent; and CGI satisfied the economic prong of the domestic industry requirement with respect to the ’223 patent under both Sections 337(a)(3)(A) and (B). The Commission has determined to issue a limited exclusion order and cease and desist orders against each Nortek respondent and to impose a bond in the amount of 100 percent of the entered value of the covered products during the period of Presidential review. The Commission has further determined that the statutory public interest factors do not preclude issuance of a remedy. The investigation is hereby terminated. The Commission voted to approve these determinations on December 3, 2020. The authority for the Commission’s determinations is contained in Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: December 3, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–27010 Filed 12–8–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to The National Cooperative Research and Production Act of 1993—Electrified Vehicle and Energy Storage Evaluation Notice is hereby given that, on December 1, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Electrified Vehicle and Energy Storage Evaluation (‘‘EVESE’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. E:\FR\FM\09DEN1.SGM 09DEN1 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices Specifically, ANSYS, Inc., Canonsburg, PA, has been added as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and EVESE intends to file additional written notifications disclosing all changes in membership. On September 24, 2020, EVESE filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on October 15, 2020 (85 FR 65423). The last notification was filed with the Department on October 20, 2020. A notice was published in the Federal Register pursuant to section 6(b) of the Act on November 19, 2020 (85 FR 73750). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2020–26975 Filed 12–8–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division jbell on DSKJLSW7X2PROD with NOTICES Notice Pursuant to The National Cooperative Research and Production Act of 1993—Medical Technology Enterprise Consortium Notice is hereby given that, on November 18, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Medical Technology Enterprise Consortium (‘‘MTEC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Abram Scientific, Inc., Menlo Park, CA; Accenture Federal Services, Arlington, VA; Ace Laboratories Inc., Yarrow Point, WA; Aceso Plasma, Virginia Beach, VA; ACF Technologies, Inc, Asheville, NC; Action Medical Technologies LLC, Conshohocken, PA; Acuity Systems, LLC, Herndon, VA; Aerpio Pharmaceuticals, Cincinnati, OH; AirStrip Technologies, San Antonio, TX; Airway Medical Innovations Pty Ltd, Brisbane Queensland, AUS; Aktivax, Inc., Broomfield, CO; Allvivo VerDate Sep<11>2014 16:16 Dec 08, 2020 Jkt 253001 Vascular, Inc., Lake Forest, CA; Altimmune, Inc., Gaithersburg, MD; Amydis, Inc., San Diego, CA; Aptahem AB, Malmo, SWE; Aptive Resources, LLC, Alexandria, VA; ARD Global LLC, McLean, VA; Articulate Labs, Dallas, TX; Ashvattha Therapeutics, Inc, Redwood City, CA; Astrocyte Pharmaceuticals Inc., Cambridge, MA; Asymmetric Technologies, LLC, Columbus, OH; Athena GTX, Johnston, IA; Atomo, Inc, West Lake Hills, TX; Augusta University Resarch lnstitute, Inc., Augusta, GA; Augustine Consulting, Inc. (ACI), Monterrey, CA; Auxocell Laboratories, Inc, Cambridge, MA; Avera Health, Sioux Falls, SD; Bambu Vault, LLC, Lowell, MA; Berry Consultants, LLC, Austin, TX; Beyond Barriers Therapeutics, Inc., Glencoe, IL; Bioflight, LLC, Akron, OH; BioGenerator, Saint Louis, MO; Biotags LLC, Key Biscayne, FL; Blue Cirrus Consulting LLC, Greenville, SC; Board of Trustees of the University of Illinois, Champaign, IL; Brainbox Solutions Inc., Richmond, VA; CAPRICOR THERAPEUTICS, INC., Beverly, CA; Carahsoft Technology Corporation, Reston, VA; Centivax, Inc., South San Francisco; Ceras Health Inc., New York, NY; Channel Clinical Solutions, LLC, Raleigh, NC; Chenega Reliable Services, LLC, San Antonio, TX; Cherish Health, Inc., Cambridge, MA; Clarkson University, Potsdam, NY; Coalition for National Trauma Research, San Antonio, TX; Computer Technology Associates, Inc., Ridgecrest, CA; Conflict Kinetics Corporation, Sterling, VA; Core Mobile Networks Inc.; DBA Core Mobile Inc., Campbell, CA; Crimson Government LLC, Carlisle, OH; Curza Global, LLC, Salt Lake City, UT; Data Intelligence Technologies, Inc., Arlington, VA; DEFTEC Corporation, Huntsville, AL; Digital For Mental Health (MYNDBLUE), Paris, FRA; Diomics Corporation, Murrietta, CA; DocBox Inc., Waltham, MA; EchoNous Inc., Redmond, WA; ECI Defense Group, Lyles, TN; Empatica, Inc., Boston, MA; Endomedix Inc., Montclair, NJ; Etiometry Inc., Boston, MA; Eumentis Therapeutics Inc, Newton, MA; Exciton Technologies Inc., Edmonton, Alberta, CAN; Expesicor Inc., Missoula, MT; FesariusTherapeutics Inc., Brooklyn, NY; FHI Clinical Inc., Durham, NC, Fitbit, Inc., San Franciso, CA; Flashback Technologies, Inc., Louisville, CO; FloTBI Inc., Cleveland, OH; FUJIFILM Pharmaceuticals USA, Inc., Valhalla, NY; GelMEDIX Inc., Newton, MA; GeneCapture, Inc., Huntsville, AL; General Biologics Inc., Cambridge, MA; Get Help Now LLC, Fort Myers, FL; GreyScan Inc., Melbourne, FL; Heat PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 79219 Biologics, Morrisville, NC; Hememics Biotechnologies Inc, Gaithersburg, MD; Hough Ear Institute, Oklahoma City, OK; Humanetics Corporation, Edina, MN; Hybrid Plastics Inc., Hattiesburg, MS; Iacta Pharmaceuticals Inc, Irvine, CA; Ichor Sciences, LLC, Nashville, TN; ImmunoVation, LLC, Pasadena, CA; INCELL Corporation LLC, San Antonio, TX; Infectious Disease Research Institute, Seattle, WA; Inflammatory Response Research Inc., Santa Barbara, CA; Informa Business Intelligence Inc., New York, NY; Inhalon Biopharma, Inc., Durham, NC; Innovenn, Inc., Madison, WI; Innsightful, Inc., Sunnyvale, CA; Integrated Computer Solutions, Inc., Waltham, MA; InTouch Technologies, D/B/A Inc. InTouch Health, Goleta, CA; J.R. Reingold & Associates, Inc, Alexandria, VA; JTEK Data Solutions, LLC, Bethesda, MD; KMASS SOLUTIONS, El Paso, TX; Knowmadics, Inc., Herndon, VA; Level Ex, Inc., Chicago, IL; LifeQ, Inc, Alphaertta, GA; LMI Consulting, LLC, Tysons, VA; LOGGEREX INC., Deland, FL; Lumen Bioscience, Inc., Seattle, WA; Luna Innovations Incorporated, Roanoke, VA; MadApparel Ind. DBA Athos, Redwood City, CA; ManTech Advanced Systems International, Inc., Herndon, VA; Mantel Technologies Inc., Fort Collins, CO; Masimo Corporation, Irvine, CA; Materials Modification Inc., Fairfax, VA; Medcura, Inc., Riverdale, MD; Media Riders Inc., Pearland, TX; Medical Center of the Americas Foundation, El Paso, TX; Medicortex Finland Oy, Turku, FIN; Medtrade Products Limited, Crew, Cheshire, GBR; MEMBIO INC., Kitchener, CAN; Mespere LifeSciences Inc., Waterloo, Ontario, CAN; MicroHealth, LLC, Vienna, VA; Microsoft, Redmon, VA; Millennium Enterprise Corporation, Fairfax, VA; Mineurva LLC, Albuquerque, NM; Moberg Analytics Inc., Ambler, PA; Moleculin Biotech, Inc., Houston, TX; Nanowear Inc., New York, NY; Neuronasal Inc, Wexford, PA; Neuronoff, Inc., Valencia, CA; New Horizons Diagnostics Corporation, Baltimore, MD; New Jersey Institute of Technology, Newark, NJ; NoMo Diagnostics, Chicago, IL; Non-Invasive Medical Systems LLC, Stamford, CT; North Carolina State University, Raleigh, NC; Northwestern University, Evanson, IL; Nostromo, LLC, Kennebunk, ME; Nuada Orthopedics, Inc., Sherborn, MA; Nyrada Inc., Gordon, AUS; Obatala Sciences, Inc., New Orleans, LA; Oculogica, Inc., New York, NY; Odin Technologies, Chicago, IL; OLGS Inc., Imperial, PA; Oregon Health & Science University, Portland, OR; Otolith Labs, Washington, DC; E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79218-79219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26975]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to The National Cooperative Research and 
Production Act of 1993--Electrified Vehicle and Energy Storage 
Evaluation

    Notice is hereby given that, on December 1, 2020, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Electrified Vehicle and 
Energy Storage Evaluation (``EVESE'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances.

[[Page 79219]]

Specifically, ANSYS, Inc., Canonsburg, PA, has been added as a party to 
this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and EVESE intends to file additional 
written notifications disclosing all changes in membership.
    On September 24, 2020, EVESE filed its original notification 
pursuant to Section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6(b) of 
the Act on October 15, 2020 (85 FR 65423).
    The last notification was filed with the Department on October 20, 
2020. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on November 19, 2020 (85 FR 73750).

Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division.
[FR Doc. 2020-26975 Filed 12-8-20; 8:45 am]
BILLING CODE 4410-11-P
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